Tag Archives: Contract

Long litigation waives arbitration provision (access required)

Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

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Jury to decide whether defendants breached contract (access required)

Although summary judgment was granted to two companies hired to provide “quality assurance” and “quality control” services on a bridge construction project, there are disputed issues of material fact over the contract terms. Now a jury will decide whether the companies ...

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Failure to perform settlement agreement was breach of contract (access required)

Defendants, who partnered with plaintiff to develop a community and, as part of a settlement agreement following the project’s collapse, agreed to assume plaintiff’s obligations under a loan taken out to finance the project, committed breach of contract by failing ...

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Parties’ shared intent resolves latent ambiguity (access required)

Where the parties’ contract provided plaintiffs with a 15% hardship uplift of their pay for working in Afghanistan and neither party knew that Department of State regulations permitted a 35%  maximum, plaintiffs’ claim for the higher uplift is rejected. The ...

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